At-Fault Work Injury Compensation Lawyers in Victoria
If you’ve suffered a serious injury at work and your employer or another party was at fault, you may be entitled to a lump sum payment through a common law claim. At Bastion Legal, we fight to secure fair compensation for injured workers across Victoria, so you can focus on recovery while we handle the process.
More Information
You Can Claim
Pain & suffering, past and future lost earnings
Time Limits
6 years from the date of injury, but act early
Proof Needed
Serious injury and employer negligence.
How We Help
Free consultation, clear advice, strong representation.
What is at-fault compensation?
Unlike impairment benefits, at-fault (common law) claims are based on negligence. This means you must prove your injury was caused by your employer or another party failing to take reasonable care. If successful, compensation can cover:
Pain and suffering: A tax-free lump sum recognising the impact of your injury on your daily life. These payments usually don’t affect WorkCover benefits, Centrelink, or income protection.
Economic loss: A lump sum for past and future loss of earnings. To qualify, you must show a 40% or greater permanent reduction in your ability to earn income.
These claims are complex and time sensitive. You generally have 6 years from the date of injury to bring a claim, but preparation needs to start much earlier to protect your rights.
What you need to prove
To succeed in a common law claim, three elements must be established:
Your injury happened in the course of employment.
The injury is legally defined as “serious.”
Your employer (or another party) was negligent in causing the injury.
Proving these elements requires strong medical evidence, detailed legal submissions, and a clear strategy. At Bastion Legal, we carefully assess your case from the start and give you honest advice on your prospects of success.
FAQ
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You generally have 6 years from the date of injury, but early legal advice is essential to protect your right
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You may still be entitled to impairment benefits or statutory WorkCover payments. We’ll assess your options and explain clearly
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Pain and suffering payments are usually tax-free and won’t affect benefits. Economic loss payments may impact Centrelink or income protection, but we’ll explain the full implications before settlement.
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Not always. Many claims are resolved through negotiation or conciliation. Court is only necessary if disputes cannot be resolved earlier.
How we can help…
Common law claims involve strict time limits and detailed preparation. Missing a deadline or lodging an incomplete case could cost you your entitlements.
At Bastion Legal, we:
Guide you through the process with practical, clear advice.
Prepare strong medical and legal evidence to support your claim.
Represent you in conciliation, negotiations, or court proceedings.
Keep you informed at every stage, so you feel supported and in control.
Our goal is to fight for the best possible outcome while making the process as stress-free as possible.
“Dean is by far the most caring and professional lawyer I have ever met…”
This review is to all injured workers in Victoria. I would like to say, there is one and only one law firm that genuinely cares about workers and their rights principal lawyer. Dean is thorough, honest and explains everything in detail. The best outcomes only come from the best in the business. Dean, thank you for all your hard work, and for the result you achieved in my case.
- Raymond
Contact us
We offer a relaxed and approachable first meeting where you can share your story.
You choose the time and place that works best for you, and we’ll take the time to listen. From there, we’ll give you clear, strategic advice so you understand your options and the best next steps.
